The High Court on Monday rejected bail application of a man arrested by police in Budgam district for possessing commercial quantity under Narcotics and Psychotropic Substances Act (NDPS).
“From the perusal of Section 37 (of the Act), it is evident that no person can be enlarged on bail, if he is found to be in the possession of a commercial quantity of Narcotics and Psychotropic Substances Act or offences under Section 19 or Section 24 or Section 27-A Act, unless the Court comes to the conclusion that the accused is not guilty of such an offence,” a bench of Justice M K Hanjura said while rejecting bail application of one Ghulam Ahmad Sofi of Chadoora
Sofi contended that that he has been falsely implicated in the commission of the offences imputed to him and no witness was cited.
Government claimed that it recovered poppy straw in powder weighing around 58 Kg from the residential house of Sofi.
The government while opposing the plea submitted that accused has committed a heinous offence. “The menace of the narcotics has eaten into the vitals of the society. It is a crime against the society and the societal concerns have to be guarded with zeal and zest. The motion so preferred by the applicant seeking admission to bail is devoid of any merit and, as such, the same deserves to be rejected, as the quantity of poppy straw recovered from the residential house of the applicant falls within the scales of commercial quantity,” the government said while opposing the bail.
After hearing both the sides, the bench observed that the natural or unpresentable human propensity to always eat the forbidden fruits will ever find means and ways to frustrate the laws and rules prohibiting the use of all such stuff.
“There appears to be no merit and substance in the application of the applicant. The same entails dismissal and is, accordingly, dismissed,” the court said.